Faculty’s Rights:
- Classroom Behavior: All University students must adhere to the University code of conduct regardless of whether they have a disability. Infractions of this code should be directed to the Office of Student Affairs, located in 73 Tremont, 12th floor.
- Challenge Accommodations: Reasonable accommodations are based upon the student’s diagnostic documentation, functional limitations caused by the disability, and individual circumstances. In some situations the requested accommodations may not be appropriate for the course. A faculty member has the right to challenge an accommodation request if he/she believes the student is not qualified, the accommodation would result in a fundamental alteration of the program, or the accommodation would impose an undue administrative burden.
Faculty’s Responsibilities:
As employees of the University who have compliance obligations under federal laws, it is the responsibility of faculty members to assume a shared responsibility in providing reasonable accommodations for students with disabilities.
Referral: If a faculty member is notified by a student that he/she has a disability or if the student brings a medical statement to the instructor, it is the faculty member’s responsibility to refer that student to the Office of Disability Services. If an instructor notices that a student is not performing up to standards and suspects there might be a disability impacting their learning, he/she may also refer the student. However, the instructor should not make assumptions about whether a disability exists, and should not discriminate against the student on the basis of any perceived disability.
Disability Accommodation Letter: Faculty should receive a letter from the Office of Disability Services verifying the student is eligible for accommodation(s) based on a disability. Faculty are not to provide academic adjustments unless they receive a letter from the Office of Disability Services certifying the student is qualified to receive services and the nature of the accommodations.
Syllabus Statement: Each course syllabus should contain a statement to ensure that Suffolk is in compliance with the law and that students are aware of the services provided to them. We suggest you use some version of the statement below (please feel free to copy and paste this directly into your syllabus):
“If you anticipate issues related to the format or requirements of this course, please meet with me. I would like us to discuss ways to ensure full your full participation in the course. If you determine that formal, disability-related accommodations are necessary, it is very important that you be registered with the Office of Disability Services (located in 73 Tremont St., 7th floor, 617-994-6820) and notify me of your eligibility for reasonable accommodations. We can then plan how best to coordinate your accommodations.”
Confidentiality Caution: Students with disabilities are protected under FERPA and the Americans with Disabilities Act civil rights laws. At no time should faculty make any statements or implications that the student is any different from the general student population. Faculty should also not share knowledge of a student’s disability with any other faculty or staff unless verbal permission is received from the student to do so.
The Laws: Suffolk University is governed by three federal laws designed to protect the interests of students with disabilities.
- The Rehabilitation Act of 1973 prohibits discrimination on the basis of physical or mental disability. Individuals with documented disabilities are entitled to receive reasonable accommodations, appropriate academic adjustments and/or auxiliary aids that will enable them to participate in and have the opportunity to benefit from all campus educational programs and activities.
- Americans with Disabilities Act (ADA) of 1990, Title III prohibits discrimination based on disability by private colleges and universities. Under provisions of Title III of the ADA, private colleges and universities must provide modifications in policies, practices and procedures to accommodate individuals with disabilities, must provide auxiliary aids and services when necessary, and examinations and courses must be given in a place and manner accessible to individuals with disabilities or be made accessible through alternative means.
- The Family Educational Rights and Privacy Act (FERPA) is a Federal law that protects the privacy of student education records. FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."